German citizen marrying US boyfriend while on a tourist visa - is that legal?

[Mopsi 0]

Good Morning everyone,

I know this topic has been discussed a lot of times already, but I just want to make sure I am not doing anything illegal. So I would very much appreciate your help.

I met my US boyfriend 3 years ago, while we were both living in London. About a year ago he moved back to the US and I stayed in the UK to finish my studies. Right now I am living back home in Germany doing an internship. This will end in September and about 2 weeks later I am flying to the States to finally be with my boyfriend.

We are planning on getting married, while I am there. I want to stay the entire 3 months, which I am allowed to on a tourist visa. My flight back home to Germany leaves in December.

Now, my question is: Am I allowed to get married on a tourist visa and still stay for the entire 3 months? Or do I have to leave the country once we went to the town hall and received our marriage license?

Or do I have to enter the States on the Fiancee Visa?

I read a few times about the possible AOS, but that this could be seen as a fraud, because I entered with a tourist visa. I do not want to do anything against the rules, but if I were to do the AOS what would that mean? Not having to leave the country at all?

I am looking forward to your responses!

Thank you so much,

Mopsi!

Edited July 17, 2012 by Mopsi

[Kazulie 132]

If you came as a visitor and married, you could stay the remaining days in the States.

A finance visa will take about 10ish months to receive. After you receive it, you would come to the states and marry within 90 days. Then adjust status.

Coming to the US on a visitors visa while knowing you are going so you can marry AND stay to adjust is fraud. If you came on vacation and it just so happened that you guys decided to get married and now you want to stay, it is usually overlooked if married to a USC.

[tob187 11]

You don't have to leave but if he's Going to file for you its best you go back to your country for the proceedings ,and the license is what you need to get married your marriage certificate is available 7 days after your married in some states and depending on what state you marry in travel with your birth certificate good luck

[Xanax 349]

If you have the intention of coming on a tourist visa and staying, that is fraud.

If you marry and return to Germany your then husband can file a petition for a CR-1 spousal visa for you and that will take 7-10 months before it is approved and you can move permanently to the US. Once you enter the US on a spousal visa you are immediately a permanent resident.

---

If I were you, I would:

1- file the K-1 visa now (fiance visa).

2- visit for the 3 months on the vwp

3- do not marry on your trip

4- visit again (or not) while you wait for your K-1 to be approved (this takes approximately 6-9 months so if you file now you could be back in the US early next year)

5- once approved for the k-1 fly to the US, marry and adjust status to a legal permanent resident.

** while you are waiting for the K-1 you can't continue to visit the US on the visa waiver program and this will minimize the time you spend apart. You also will be doing everything the legal way and won't be separated after your marriage like with the CR-1 option.

[Mopsi 0]

Many thanks for your quick replies.

And I do not want to do anything illegal. And as hard as it is.. we have been apart for a year now, so we will make the other 7-10 months as well.

Now I know what I have to do and be on the safe side.

My only worry is now that they won't let me enter the US in September. I don't want to lie to the officers - meaning I am going to say that I am visiting my boyfriend. However, I just finished my studies, my internship ends in September and I do not have a new job waiting for me when I return from my visit rom the States.

My only proof is my return ticket - but I am scared that it won't be enough. I am going to take my bank account statements with me. I hope that will help a little.

And Xanax, may I ask you what you mean with 'You also will be doing everything the legal way and won't be separated after your marriage like with the CR-1 option'?

Again thanks a lot. I feel a little disappointed I will have to wait another few months to finally be with my boyfriend, but also relieved now that I know what I have to do!

[Xanax 349]

If you choose to file the CR-1 spousal visa you would get married and then return home to Germany- you would be MARRIED and APART.

If you choose to file for the K-1 fiance visa you will not be separated when married, once married you will not have to leave the US.

In me saying you are doing it the legal way, the legal way is to NOT enter the US with the intent to stay and try to adjust from a VWP.

[Mopsi 0]

Thank you Xanax!

That is very helpful. I got a little confused with the different types of Visa's.

All clear now.

I appreciate it!

[Mumu 10]

During the k-1 visa process, we are not allowed to visit the USA, or it's a risk because we could be sent back to our countries, refused by the Officer at customs. And we already know how they treat us when we arrive on the US ground.

[C-ma'am 684]

During the k-1 visa process, we are not allowed to visit the USA, or it's a risk because we could be sent back to our countries, refused by the Officer at customs. And we already know how they treat us when we arrive on the US ground.

This is incorrect. You are allowed to visit. Your entrance to the country, however, is completely up to the CBP officer. Please refer to the following sticky post for more info on this http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[Xanax 349]

During the k-1 visa process, we are not allowed to visit the USA, or it's a risk because we could be sent back to our countries, refused by the Officer at customs. And we already know how they treat us when we arrive on the US ground.

That not true.

And how do they treat us when we arrive on US ground? They have always been lovely to me